Student suspended for using term ‘illegal alien’ in English class, even though the term is legally accurate and protected by the First Amendment

By Hans Bader 

The term “illegal alien” is used in federal and state laws, the Code of Federal Regulations, court briefs, and Supreme Court decisions such as Arizona v. United States (2012). But as the Carolina Journal reported on April 15:

A 16-year-old student at Central Davidson High School in Lexington, North Carolina was suspended for three days last week after using the term ‘illegal alien’ during a vocabulary assignment in his English class.

Leah McGhee’s son has a teacher who assigned vocabulary words during class last Tuesday, including the word ‘alien.’ McGhee says her son made an effort to understand the assignment and responded to his teacher, asking, “Like space aliens or illegal aliens without green cards?”

According to an email describing the incident, sent to local officials and shared with Carolina Journal, a young man in class took offense to his question and reportedly threatened to fight him, prompting the teacher to call in the assistant principal. Ultimately, his words were deemed by administrative staff to be offensive and disrespectful to classmates who are Hispanic.

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